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EQUITABLE GENERAL INS. CO. v. SILVA

No. 5849.

658 P.2d 446 (1983)

99 N.M. 371

EQUITABLE GENERAL INSURANCE COMPANY, a foreign insurance corporation, and Robert Smith, Plaintiffs-Appellants, v. Jerry G. SILVA, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied February 15, 1983.

Attorney(s) appearing for the Case

Timothy J. Dreher, Robert N. Singer, P.A., Albuquerque, for plaintiffs-appellants.

Peter Everett IV, Albuquerque, for defendant-appellee.

OPINION

WOOD, Judge.

The dispositive issue is the applicability of § 66-5-41, N.M.S.A. 1978 to the facts of this case. Section 66-5-41 states:

No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized hereunder or is in violation of any of the provisions of this article.

Silva, the owner, "loaned his vehicle to Menchaca to go to get...

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